1.1 These Terms of Use apply to all contracts between MEDIA-IDENT Group GmbH, Dresdener Str. 31, 10179 Berlin (hereinafter “MEDIA-IDENT”) and the user concerning the use of the COPY-IDENT online platform developed and operated by MEDIA-IDENT, available at mediaident.com/copy-ident/, as a tool for protecting and monitoring image rights on the internet (hereinafter “COPY-IDENT”).
1.2 The General Terms and Conditions of MEDIA-IDENT Group GmbH (mediaident.com/terms-of-service/) shall apply in addition to these Terms of Use. In the event of any conflict between these Terms of Use and the General Terms and Conditions of MEDIA-IDENT Group GmbH, these Terms of Use shall prevail. Any general terms and conditions of the User shall only become part of the contract if MEDIA-IDENT expressly agrees to their inclusion. The inclusion of any general terms and conditions of the User is hereby expressly rejected.
2.1 The contract is concluded upon registration of the User in accordance with the following provisions:
2.2 Access to COPY-IDENT is provided through a customer account. To use COPY-IDENT, the User must therefore create a user account and provide at least the following information:
a. Name
b. Valid business email address,
c. Password.
2.3 After entering and submitting the required information, the User will receive an email from MEDIA-IDENT asking the User to confirm the email address. Registration is completed once the User confirms the email address via the link contained in the confirmation email. Upon completion of registration, a contract for the use of COPY-IDENT is concluded between the User and MEDIA-IDENT. The scope of the services available to the User and any applicable remuneration are determined by the usage or paid plan offered by MEDIA-IDENT and selected by the User. The User may then access and use the customer account for the first time by entering the User’s email address and password (hereinafter “Access Credentials”). MEDIA-IDENT reserves the right to refuse to open a customer account without stating reasons. In such case, the data submitted through the registration form will be deleted without undue delay and no confirmation email will be sent.
2.4 The User shall ensure that the Access Credentials for the customer account are kept secure at all times and are not disclosed to unauthorized third parties. In the event of suspected or actual misuse of the customer account, the User shall notify MEDIA-IDENT without undue delay so that appropriate countermeasures can be taken.
2.5 Each User may only be registered once at any given time. If MEDIA-IDENT terminates this contract or suspends or deletes the customer account, the User may register again only with MEDIA-IDENT’s express written consent.
3.1 MEDIA-IDENT provides COPY-IDENT to the User as software-as-a-service (hereinafter “SaaS”). This includes, in particular, the grant of the rights required to use COPY-IDENT in accordance with Section 5.
3.2 MEDIA-IDENT provides COPY-IDENT to the User for the automated detection of image rights infringements on the internet. MEDIA-IDENT does not guarantee that COPY-IDENT will detect every image rights infringement occurring on the internet.
3.3 COPY-IDENT may be offered to the User under a free or paid usage model. The scope of the services available to the User, including any limitations on the number of images that may be uploaded or actively monitored, the search scope, the level of information provided and customer support, is determined by the usage or paid plan offered by MEDIA-IDENT and selected by the User.
3.4 COPY-IDENT automatically searches the internet for matches with images uploaded by the User and displays identified matches in an overview within the User’s customer account. Through COPY-IDENT, the User may mark image rights infringements and instruct the enforcement of resulting legal claims. The engagement and enforcement of such claims are governed by the applicable General Terms and Conditions of RD Legal GmbH.
4.1 The User shall take appropriate precautions to ensure that unauthorized third parties do not gain access to protected areas of COPY-IDENT, in particular the administrator account.
4.2 The User is solely responsible for entering and maintaining the data and content required for the use of COPY-IDENT and generated in connection with its use. In particular, the User shall ensure that any data and content entered by the User or other authorized users of COPY-IDENT:
a. do not violate applicable law, regulatory requirements and/or third-party rights;
b. do not contain viruses or other harmful components.
4.3 The User shall notify MEDIA-IDENT without undue delay of any reproducible defects occurring in COPY-IDENT. The defect report shall include, in particular, information on when the defect occurred and a detailed description of the defect.
4.4 The User is fully responsible for any content uploaded to COPY-IDENT. In particular, the User shall investigate any reports of infringing content on COPY-IDENT and shall moderate and, where appropriate, delete such content. At MEDIA-IDENT’s request, the User shall remove individual items of content if they have been reported to MEDIA-IDENT by users and violate contractual or statutory requirements. If the User fails to comply with this obligation, MEDIA-IDENT may suspend access to COPY-IDENT.
5.1 MEDIA-IDENT grants the User a non-exclusive, non-transferable right to use COPY-IDENT and the content made available through it for the term of the contract and within the contractually agreed scope.
5.2 If, in connection with the use of COPY-IDENT, the User uploads its own content that is protected by copyright or other intellectual property rights, such as documentation, graphics, video and audio files or logos, the User grants MEDIA-IDENT a non-exclusive, worldwide right, limited in time to the term of this contract, to use such content for the purpose of providing MEDIA-IDENT’s services, including after performance of the contract. The User also grants MEDIA-IDENT the right to transfer this right of use, to the same extent, to third parties that may be engaged by MEDIA-IDENT to provide the services. The User represents that it holds all rights required to grant these rights. Following termination of the contract, MEDIA-IDENT may retain copies of the uploaded images and the associated information solely for documentation, compliance and misuse-prevention purposes and for the establishment, exercise or defense of MEDIA-IDENT’s own legal claims, for as long as required for those purposes. Images retained after termination shall not be used to train AI systems.
5.3 The User further grants MEDIA-IDENT the right to use the User’s media to train AI components solely for the purpose of improving the MEDIA-IDENT services made available to the User, provided that such training is carried out exclusively using AI systems and training processes developed by MEDIA-IDENT and the media are not transferred to external providers.
6.1 MEDIA-IDENT may, but is not obliged to, modify COPY-IDENT during the term of the contract, in particular to reflect technological developments or changed circumstances. This includes adding new functionality, modifying the user interface and making backend changes. MEDIA-IDENT may make such changes without prior notice in order to provide the User with an optimized service offering, provided that COPY-IDENT remains suitable for the agreed purpose and the optimized offering is reasonable for the User after due consideration of the interests of both Parties.
6.2 MEDIA-IDENT may also make changes, adjustments or restrictions to COPY-IDENT, or remove functionality or related services, where required by changes in applicable laws or standards or by new technical or scientific findings. The manner of implementation shall be determined by MEDIA-IDENT. The User shall have no claim to the introduction of new functionality or the continued availability of specific individual functionality, provided that the essential functionality of COPY-IDENT remains unaffected.
6.3 If COPY-IDENT is modified so that its functionality is changed or adjusted and the previously used version of COPY-IDENT is replaced or supplemented, the new version of COPY-IDENT shall also be subject to the provisions of this Agreement.
7.1 The User shall indemnify and hold MEDIA-IDENT harmless from and against all third-party claims arising from an infringement of third-party rights, in particular copyrights, trademarks, patents or other intellectual property rights, to the extent that the User is responsible for the infringement. This applies in particular where the claims are based on the User not holding the rights required to grant the rights of use under Section 5.2.
7.2 The User’s indemnification obligation under Section 7.1 shall also apply to claims arising from acts or breaches by subcontractors, vicarious agents or other third parties engaged by the User.
7.3 The indemnification shall cover all claims and demands as well as all costs incurred in defending against such claims and demands, including the costs of reasonable legal representation in both court and out-of-court proceedings and any other expenses associated with the defense.
7.4 MEDIA-IDENT shall notify the User without undue delay of any claims asserted against it and give the User an opportunity to comment. The indemnification obligation shall not apply to the extent that MEDIA-IDENT contributed to the infringement or the claim results from use of the content by MEDIA-IDENT beyond the contractually agreed scope.
8.1 For Users of free plans, MEDIA-IDENT’s warranty obligations shall be governed by Section 600 of the German Civil Code (BGB).
8.2 For Users who have subscribed to a Paid Plan, the following warranty provisions shall apply:
a. With respect to the provision of COPY-IDENT for use, the statutory warranty provisions of German lease law (Sections 535 et seq. BGB) shall apply.
b. The User shall notify MEDIA-IDENT of any defects without undue delay.
c. Warranty claims are excluded for merely insignificant reductions in the fitness of the service for use.
d. Strict liability under Section 536a(1) BGB for defects existing at the time the contract is concluded is excluded. The scope of liability for damages is governed by Section 9.
9.1 For Users of free plans, MEDIA-IDENT’s liability shall be governed by Section 599 BGB.
9.2 For Users who have subscribed to a Paid Plan, liability shall be subject to the following provisions:
a. Unlimited liability: MEDIA-IDENT shall be liable without limitation for intent and gross negligence and in accordance with the German Product Liability Act. MEDIA-IDENT shall also be liable without limitation in cases of slight negligence for damages resulting from injury to life, limb or health.
b. In all other respects, the following limitations shall apply: In cases of slight negligence, MEDIA-IDENT shall only be liable for breach of a material contractual obligation whose performance is essential to the proper performance of the contract and on whose compliance the User may regularly rely (cardinal obligation). Liability for a slightly negligent breach of a cardinal obligation shall be limited to damages that were foreseeable at the time the contract was concluded and are typical for this type of contract. These limitations of liability shall also apply for the benefit of MEDIA-IDENT’s vicarious agents.
10.1 The User’s customer account shall be maintained for an indefinite period and may be ordinarily terminated by either Party. The User may terminate the customer account at any time without notice, including by requesting deletion of the customer account. MEDIA-IDENT may terminate the customer account by giving 30 days’ notice in text form and may also delete a free customer account if the User has not used it for at least 12 months. Before deleting the account, MEDIA-IDENT shall notify the User in text form of the intended deletion and provide a reasonable response period of at least 30 days. If the User does not respond within that period, MEDIA-IDENT may delete the customer account.
10.2 Following termination of the customer account, the data stored in the customer account shall be deleted in accordance with the contractual and statutory requirements. MEDIA-IDENT’s right to retain data under Section 5.2 remains unaffected.
10.3 Paid usage or payment plans may be ordinarily terminated by either Party at any time with effect at the end of the current calendar month. If the User has paid the remuneration for a paid usage or payment plan annually in advance, MEDIA-IDENT shall, upon ordinary termination, refund on a pro rata basis the portion of the remuneration attributable to the period after the termination takes effect, calculated on the basis of the agreed annual price.
10.4 The right of either Party to terminate for good cause remains unaffected. Good cause for MEDIA-IDENT shall include, in particular, where:
10.5 COPY-IDENT may only be used within the limits applicable to the respective usage or paid plan, in particular with respect to storage capacity, search runs and uploads. The applicable limits are set out in the service description or the customer account. If the agreed limits are exceeded, MEDIA-IDENT shall notify the User in text form and allow at least 14 days for the User to adjust its usage or upgrade its plan. If the User fails to do so within that period, MEDIA-IDENT may restrict use to the agreed limits.
10.6 In the event of abusive or contractually non-compliant use, including automated extraction of data from the Platform, use for unlawful content or purposes, unauthorized disclosure of Access Credentials or circumvention of technical safeguards, MEDIA-IDENT shall, where reasonable in the circumstances, first issue a warning and allow the User a reasonable period to remedy the breach. If the User nevertheless continues the warned-against conduct, or if waiting for remedial action is unreasonable due to the abusive or contractually non-compliant use, MEDIA-IDENT may disable functionality or terminate the affected Paid Plan for good cause. In the event of particularly serious breaches, MEDIA-IDENT may suspend access immediately without prior warning.
10.7 If a paid usage or payment plan is terminated, the User’s customer account shall generally remain in place. If the customer account is permanently deleted, the data stored in the customer account shall be deleted in accordance with the applicable contractual and statutory retention requirements.
10.8 The right of use granted under Section 5 shall end no later than upon permanent deletion of the customer account and the uploaded images.
11. 1 If the User subscribes to a Paid Plan, the remuneration shall be determined by the Paid Plan selected by the User or any other agreement made with the User. The amount of the remuneration and the payment interval shall be displayed to the User when the contract is concluded.
11. 2 MEDIA-IDENT may use a payment service provider, in particular Stripe, to process payments. Invoices may be made available or sent by email either by MEDIA-IDENT or by the payment service provider acting on behalf of MEDIA-IDENT. Unless otherwise agreed, the due date of the remuneration shall be determined by the selected payment process and payment interval.
12. 1 The contract between MEDIA-IDENT and the User together with these Terms of Use constitutes the entire agreement between the Parties. There are no oral side agreements. Any pre-existing contracts concerning the use of COPY-IDENT are replaced by the contract concluded hereunder and shall cease to apply unless the Parties expressly agree otherwise.
12. 2 If any provision of these Terms of Use is held to be invalid and/or void, the remaining provisions shall remain unaffected.
12. 3 The laws of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
12. 4 MEDIA-IDENT’s registered office shall be the exclusive place of jurisdiction for all disputes arising out of or in connection with contracts between MEDIA-IDENT and the User.